465 California Street 

Suite 210 

• 

San Francisco 

California 94104 

t 

(415) 421-2500 

Fox (415) 421-2560 

www.avialex.com 

law@avialex.com 

Michael L. Dworkin and Associates 

Law Offices 

FED EX: 

Federal Aviation Administration 

Attn: Hearing Docket Clerk, AGC-430 

Wilbur Wright Building -2W1000 

800 Independence Avenue SW 

Washington, DC 20591 

RE: American Medflight, Inc. 

FAA Case No. 2014WP11010 

FDMS: 2014-0815 

Dear Hearing Docket Clerk: 

November 4, 2014 

RECEIVED 

NOV -5 2014 

HEARING DOCKET 

Enclosed herewith for filing is the following document: 

American Medflight, Inc.'s First Discovery Request. 

cc: The Honorable Richard C. Goodwin 

Administrative Law judge 

Iryll Robbins-Umel, Esq. 

FAA,AWP-7 

Very truly yours, 

Caitlin M. Miller 

Legal Assistant 
Michael L. Dworkin #6404 7 

MICHAEL L. DWORKIN and ASSOCIATES 

465 California Street, Suite 210 

San Francisco, California 94104 

Telephone: (415) 421-2500 

Facsimile: (415) 421-2560 

Email: law@avialex.com 

Attorneys for AMERICAN MEDFLIGHT, INC. 

RECEIVED 

NOV -5 2014 

HEARING DOCKET 

UNITED STATES OF AMERICA 

DEPARTMENT OF TRANSPORTATION 

OFFICE OF HEARINGS 

WASHINGTON, D.C. 

In the Matter of: 

AMERICAN MEDFLIGHT, INC. 

FAA Case No. 2014WP11010 

FDMS: 2014-0815 

AMERICAN MEDFLIGHT, INC.'S 

FIRST DISCOVERY REQUEST 

Judge: Hon. Richard C. Goodwin 

PROPOUNDED BY: Respondent, AMERICAN MEDFLIGHT, INC. 

SET NUMBER: One 

DATE OF REQUESTS: November 4, 2014 

RESPONSES DUE: December 4, 2014 

TO THE DEPARTMENT OF TRANSPORTATION, ADMINISTRATIVE LAW 

JUDGE ASSIGNED TO THIS MATTER, AND TO THE ADMINISTRATOR, 

FEDERAL AVIATION ADMINISTRATION AND HIS ATTORNEYS OF 

RECORD: 

AMERICAN MEDFLIGHT, INC. (hereinafter referred to as "AMERICAN 

MEDFLIGHT"), by and through its undersigned counsel, submits the following 
Discovery Requests. AMERICAN MEDFLIGHT further requests that Complainant 

provide the following information in response to this Discovery Request on or before 

December 4, 2014. 

Dated: November 4, 2014 

MICHAEL L. DWORKIN AND ASSOCIATES 

Michael L. Dworkin 

Attorney for AMERICAN MEDFLIGHT, INC. 

FDMS NO. FAA-2014-0815 

AMERICAN MEDFLIGHT, INC.'S FIRST DISCOVERY REQUEST 

2 
0.10 DEFINITIONS AND INSTRUCTIONS 

Please note: Court and counsel are requested to take judicial notice of 14 Code of 

Federal Regulations, Parts 1-198, commonly referred to as the "Federal Aviation 

Regulations" (hereinafter referred to as the "FAR's"), 49 Code ofF ederal Regulations, 

Parts 171-173 (hereinafter referred to as the "HMR's") and Title 49, United States Code, 

Transportation; all words used in this request shall have the same meaning as used in 

said FAR's, HMR's and Title 49, United States Code, Transportation, unless the sense 

indicates to the contrary. 

0.1 Anyone acting on your behalf- includes, but is not limited to, your attorneys, 

investigators, and their representatives, and consultants, including all experts. 

0.2 Person- includes a natural person, firm, association, organization, partnership, 

business trust, corporation, or public entity. 

0.3 Custodian- refers to the person having possession, custody or control. 

0.4 Writing - means handwriting, typewritten, printing, photostating, photographing, 

and every other means of recording upon any tangible thing, any form of communication 

or representation, including letters, words, pictures, sound, or symbols, or combinations 

thereof. 

0.5 You- includes Complainant, its agents, employees, attorneys, and anyone else 

acting on behalf of Complainant. 

0.6 Document or documents- includes writings, drawings, graphs, charts, 

photographs, phono-records, tapes, videotapes, films, and other compilations from which 

information can be obtained, translated through detection devices into reasonably usable 

form when translation is practicably necessary. 

FDMS NO. FAA-2014-0815 

AMERICAN MEDFLIGHT, INC.'S FIRST DISCOVERY REQUEST 

3 
0.7 Complainant- refers to the Federal Aviation Administration, its Administrator, 

directors, employees and agents, and includes, but is not limited to, its attorneys, 

investigators, and their representatives, and consultants, including all experts. 

1.0 DOCUMENTS SOUGHT TO BE PRODUCED 

l.l. Produce Complainant's case file bearing FAA Case No. 2014WP11001 0 

in its entirety, including, but not limited to, items of proof, exhibits, correspondence, 

memoranda, and all other documents contained therein. 

1.2. Produce all documents pertaining to the allegations set forth in the 

Complaint in this matter. 

1.3. Produce all documents which Complainant intends to utilize as exhibits at 

the hearing in this matter. 

1.4. Produce all statements and documents pertaining to statements made to 

Complainant by AMERICAN MEDFLIGHT concerning the matters alleged in the 

Complaint. 

1.5. Produce all statements and documents pertaining to statements made to 

Complainant by any employees or former employees of AMERICAN MEDFLIGHT 

concerning the matters alleged in the Complaint. 

1.6. Produce all statements and documents pertaining to statements made to 

Complainant by any other person, firm or corporation, concerning the matters alleged in 

Complaint. 

1. 7 Produce all resumes, curriculum vitae and any and all written 

qualifications of all persons whom Complainant expects to utilize as expert witnesses at 

FDMS NO. FAA-2014-0815 

AMERICAN MEDFLIGHT, INC.'S FIRST DISCOVERY REQUEST 

4 
the hearing in this matter. 

1. 8. Produce all documents pertaining to facts and opinions held by 

Complainant's experts acquired or developed in anticipation oflitigation or for the 

hearing in this matter. 

1. 9. Produce all documents reviewed by Complainant's experts in connection 

with the anticipated litigation or hearing in this matter. 

1.10. Produce all documents generated by Complainant's experts in connection 

with the anticipated litigation or hearing in this matter. 

2.0 INTERROGATORIES 

2.1. State the name, occupation, employer, address and telephone number of 

each person Complainant intends to call as a witness (including but not limited to 

percipient witnesses, investigators and experts) at the hearing. 

2.2. Provide copies of all documents Complainant intends to offer into 

evidence as exhibits at the hearing, including the name and address of its author or 

maker, the names and addresses of all persons who were addresses, the date on which it 

was created or made, the nature of the document and substance of the information or 

communication set forth in the document. 

2.3. For each expert witness Complainant intends to call at the hearing, provide 

a curriculum vitae, including a list of all publications authored in the previous 10 years 

and a list of all other cases in which, during the previous 4 years, the witness testified as 

an expert at trial or by deposition; 

2.4. For each expert witness Complainant intends to call at the hearing, provide 

FDMS NO. FAA-2014-0815 

AMERICAN MEDFLIGHT, INC.'S FIRST DISCOVERY REQUEST 

5 
a statement of all opinions the witness will express and the basis and reason for them; 

2.5. For each expert witness Complainant intends to call at the hearing, provide 

copies of any documents prepared or reviewed by said expert witness. 

2.6. If Complainant obtains additional documents not mentioned in response to 

Request No. 2.2, above, AMERICAN MEDFLIGHT requests these documents be 

produced as expeditiously as possible. 

2.7. If Complainant secmes additional witnesses not mentioned in response to 

Request No. 2.1, above, AMERICAN MEDFLIGHT requests a supplementary witness 

list and a brief statement regarding the subject matter of the testimony of each ofthe 

witnesses. 

2.8. Provide a description or smrunary of any and all aggravating factors 

Complainant believes exist necessitating the penalty amount sought in this matter. 

2.9. Provide a description or smrunary of any and all mitigating factors 

Complainant took into consideration when determining the penalty amount sought in this 

matter. 

3.0 REQUESTS FOR ADMISSION 

3 .1. ADMIT that the FAR violations described in the Complaint were the 

result of actions that are in express violation of AMERICAN MEDFLIGHT' s own 

policies, procedmes and manuals then in effect. 

3.2. ADMIT that the A WOS equipment at Susanville, California had been 

intermittently inoperative during the month of February, 2014. 

FDMS NO. FAA-2014-0815 

AMERICAN MEDFLIGHT, INC.'S FIRST DISCOVERY REQUEST 

6 
3.3. ADMIT that under FAR Section 135.213, a pilot is permitted to make his 

or her own weather observation for VFR operations if the weather observation equipment 

is inoperative. 

3.4. Admit that AMERICAN MEDFLIGHT's pilot on the subject flight has 

contended in his communications with you that the weather observation equipment, at the 

time of the subject flight, was inoperative. 

3.5. ADMIT that AMERICAN MEDFLIGHT's pilot on the subject flight has 

contended in his communications with you that (i) he made his own weather observation 

prior to commencing the subject flight and (ii) determined that ceiling was in excess of 

1,000 feet. 

Respectfully submitted this 41

h day ofNovember, 2014. 

MIC~fL L. Drb~N AND ASSOCIATES 

. />~~!:;t~~ Attorney for AMERICAN MEDFLIGHT, INC. 

FDMS NO. FAA-2014-0815 

AMERICAN MEDFLIGHT, INC.'S FIRST DISCOVERY REQUEST 

7 
CERTIFICATE OF SERVICE 

The undersigned hereby certifies that on this 4th day ofNovember, 2014, a true 

and correct copy of the foregoing AMERICAN MEDFLIGHT, INC.'S FIRST 

DISCOVERY REQUEST was served as follows: 

The Honorable Richard C. Goodwin 

Office of Hearings, M-20 

1200 New Jersey Avenue, S.W. 

Room El2-320 

Washington, D.C. 20590 

FAX: 1-202-366-7536 

{vffl-FAX-antl FED EX} 

Federal Aviation Administration 

Attn: Hearing Docket Clerk, AGC-430 

Wilbur Wright Building- Suite 2Wl 000 

800 Independence Avenue SW 

Washington, DC 20591 

{viaFEDEX} 

Iryll Robbins-Umel, Esq. 

Federal Aviation Administration 

Western Pacific Region, A WP-7 

15000 Aviation Boulevard 

Lawndale, CA 90261 

FAX: (31 0) 725-6816 

{via FAX and FEDEX} 

Caitlin Miller 

FDMS NO. FAA-2014-0815 

AMERICAN MEDFLJGHT, INC.'S FIRST DISCOVERY REQUEST 

8